The judgment below

The part, excluding the case of application for compensation order, shall be reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The instant case pertains to concurrent crimes between the Jung-gu District Court 2020No392 case and the latter part of Article 37 of the Criminal Act, which became final and conclusive on a separate basis, and thus, the punishment should be re-determined pursuant to Article 39(1) of the Criminal Act.

2. According to the evidence examined in the judgment of the trial court, the defendant was sentenced to imprisonment with prison labor for six months at the District Court on February 6, 2020, and the judgment became final and conclusive on May 30, 2020.

Since the crime of fraud for which judgment has become final and conclusive as above is a concurrent crime under the latter part of Article 37 of the Criminal Act, the punishment shall be determined in consideration of equity with the case where the judgment is rendered simultaneously in accordance with the former part of Article 39(1) of the Criminal Act.

Therefore, the lower court partly accepted the application for compensation by the applicant for compensation, dismissed the remainder of the application, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and thus, the part of the above dismissal was immediately determined and excluded from the scope of this court’s adjudication. Although the Defendant appealed against the lower court’s judgment, the Defendant did not assert the grounds for appeal regarding the cited portion of the compensation order in the lower court’s judgment, and even if examining ex officio, it cannot find the grounds for cancelling or changing the cited portion of the compensation order

Except for those, parts shall not be maintained as they are.

3. As such, the defendant's appeal is with merit. Thus, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment below excluding the part of the case of application for compensation order among the judgment below shall be reversed, and it is again decided

[The reasons for the judgment of multiple times] criminal facts and the summary of evidence are the criminal facts of the defendant recognized by the court.